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17.08.210 Variance -Conditions. <br />A. Variances may be issued for the reconstruction, rehabilitation or restoration of <br />structures listed on the National Register of Historic Places or the State Inventory of <br />Historic Places, without regard to the procedures set forth in the remainder of this <br />section. <br />B. Variances shall not be issued within any designated floodway if any increase in <br />flood levels during base flood discharge would result. <br />C. Variances shall only be issued upon a determination that the variance is the <br />minimum necessary, considering the flood hazard, to afford relief. <br />D. Variances shall only be issued upon: <br />1. A showing of good and sufficient cause; <br />2. A determination that failure to grant the variance would result in exceptional <br />hardship to the applicant; and <br />3. A determination that the granting of a variance will not result in increased flood <br />heights, additional threats to public safety, extraordinary public expense, create <br />nuisances, cause fraud on or victimization of the public, or conflict with existing <br />local laws or ordinances. <br />E. Variances may be issued for new construction and substantial improvements and <br />for other development necessary for the conduct of a functionally dependent use <br />provided that the provisions of Sections 17.08.210A through 17.08.210D are <br />satisfied and that the structure or other development is protected by methods that <br />minimize flood damages during the base flood and create no additional threats to <br />public safety. <br />F. Any applicant to whom a variance is granted shall be given written notice that the <br />structure will be permitted to be built with a lowest floor elevation below the <br />regulatory flood elevation and that the cost of flood insurance will be commensurate <br />with the increased risk resulting from the reduced lowest floor elevation. A copy of <br />the notice shall be recorded by the floodpla++~beard-Floodplain Administrator/City <br />Engineer in the office of the county recorder and shall be recorded in a manner so <br />that it appears in the chain of title of the affected parcel of land. (Ord. 1374 § 2 <br />(part), 1989) <br />17.08.220 Severability. <br />This chapter and the various parts thereof are hereby declared to be severable. <br />Should any section of this chapter be declared by the courts to be unconstitutional or <br />invalid, such decision shall not affect the validity of the chapter as a whole, or any <br />Chapter 17.08: FLOOD DAMAGE PREVENTION 1 ~ <br />